1. THE judgment of the Court was as follows:-

THE challenge in this application under Section 482 of the Code of Criminal Procedure is to the orders dated 27.2.2003, 26.9.2003 and 30.12.2003 passed by the learned Sub-Divisional Judicial Magistrate, Basirhat, North 24-Parganas in G.R. Case No. 23/2003 arising out of Basirhat P.S. Case. No. 9 dated 13.1.2003 under Sections 376(B)/280/ 302/ 201 of the Indian Penal Code.

2. THE petitioner herein is the Deputy Inspector General, Border Security Force, Sector Headquarters, Kolkata. On 9.1.2003 at 17.00 hours a Patrol Party of B.S.F. apprehended seven Bangladeshi nationals of whom three were males, two were females and two were children at Soladana. They were kept in a room at BOP. On the same date, at about 21.10 hours, Coy Commander arrived with 53 seized cattle and 10 smugglers.

THE said smugglers were kept in the same room with the Bangladeshi nationals. On the next date, the Bangladeshi nationals and the smugglers were produced before the Customs Authorities at Basirhat and their statements were recorded. On 10.1.2003 the Bangladeshi nationals were pushed back as per direction of Custom Superintendent in a boat run by one Kari